Durkin v. State Farm Mutual Automobile Insurance Company
| Pennsylvania Middle District Court | |
| Judge: | Karoline Mehalchick |
| Case #: | 4:23-cv-00721 |
| Nature of Suit | 110 Contract - Insurance |
| Cause | 28:1446 Breach of Contract- Insurance |
| Case Filed: | May 01, 2023 |
| Terminated: | Feb 11, 2025 |
| Case in other court: | Court of Common Pleas of Bradford County, 2023-CV-51 |
| Last checked: Saturday Oct 28, 2023 6:51 AM EDT |
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Defendant
State Farm Mutual Automobile Insurance Company
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Represented By
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Plaintiff
Jill E. Durkin
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Represented By
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GPO
Feb 11 2025
MEMORANDUM (Order to follow as separate docket entry) re 12 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company Signed by Honorable Karoline Mehalchick on 2/11/2025. (cw) |
| Docket last updated: 03/09/2025 11:59 PM EDT |
| Thursday, March 06, 2025 | ||
| 45 | 45
appeal
Notice of Appeal
Thu 03/06 10:29 AM
NOTICE OF APPEAL in NON-PRISONER Case as to40 Order on Motion for Summary Judgment,41 Judgment by Jill E. Durkin. Filing Fee and Docket Fee PAID. Filing fee $ 605, receipt number APAMDC-6922427. Court Reporter SUZANNE A HALKO. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries.(Toth, Kevin) |
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Att: 1
Exhibit(s) Exhibit A - 2/11/25 Order,
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Att: 2
Exhibit(s) Exhibit B - 2/11/25 Judgment
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| Wednesday, February 26, 2025 | ||
| 44 | 44
order
Special Admissions Form Approved
Wed 02/26 11:08 AM
SPECIAL ADMISSIONS FORM APPROVED as to Kevin Michael Toth Signed by Honorable Karoline Mehalchick on 2/26/2025. (cw) |
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| Tuesday, February 25, 2025 | ||
| 43 | 43
misc
Petition for Special Admission - Pro Hac Vice
Tue 02/25 10:58 AM
PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Kevin M. Toth on behalf of Jill E. Durkin Attorney Kevin Toth is seeking special admission Filing fee $ 50, receipt number APAMDC-6910348.. (Toth, Kevin) |
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misc
Docket Annotation
Tue 02/25 9:42 AM
DOCKET ANNOTATION: Attorney Toth is directed to file for special admission or make arrangements to be generally admitted. (ea) |
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| Monday, February 24, 2025 | ||
| 42 | 42
notice
Attorney Appearance - Entry of Appearance
Mon 02/24 7:48 PM
NOTICE of Appearance by Kevin M. Toth on behalf of Jill E. Durkin (Toth, Kevin) |
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| Tuesday, February 11, 2025 | ||
| 41 | 41
order
Judgment
Tue 02/11 1:56 PM
JUDGMENT in favor of State Farm Mutual Automobile Insurance Company against Jill E. Durkin Signed by Honorable Karoline Mehalchick on 2/11/2025. (cw) |
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| 40 | 40
1
pgs
order
Order on Motion for Summary Judgment
Tue 02/11 1:54 PM
ORDER - IT IS HEREBY ORDERED that: 1. State Farm Mutual Automobile Insurance Companys motion for summary judgment (Doc. 12) is GRANTED; 2. Plaintiffs complaint (Doc. 1-2) is to be DISMISSED with prejudice; 3. Judgment shall be entered in State Farms favor and against Plaintiff; and 4. The Clerk of Court is directed to CLOSE this case. Signed by Honorable Karoline Mehalchick on 2/11/2025 (cw) |
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| 39 | 39
11
pgs
order
Memorandum (Order to follow as separate docket entry)
Tue 02/11 1:53 PM
MEMORANDUM (Order to follow as separate docket entry) re12 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company Signed by Honorable Karoline Mehalchick on 2/11/2025. (cw) |
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| Wednesday, January 08, 2025 | ||
| 38 | 38
misc
Exhibit
Wed 01/08 4:57 PM
EXHIBIT Table of Contents of Exhibits with Exhibits 1 - 24 by State Farm Mutual Automobile Insurance Company re14 Statement of Facts,27 Answer to Statement of Facts.(Drakas, Gary) |
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Att: 1
Appendix Exhibit 1 - Plaintiff's Complaint,
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Att: 2
Appendix Exhibit 2 - Certified Policy,
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Att: 3
Appendix Exhibits 3-24 - Miscellaneous
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| Thursday, December 19, 2024 | ||
| 37 | 37
misc
Exhibit
Thu 12/19 11:59 AM
EXHIBIT by Jill E. Durkin re20 Brief in Opposition to Motion for Summary Judgment,19 Answer to Statement of Facts,21 Statement of Facts.(Madden, R. Emmett) |
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Att: 1
Exhibit B,
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Att: 2
Exhibit C,
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Att: 3
Exhibit D,
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Att: 4
Exhibit E,
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Att: 5
Exhibit F
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| Wednesday, December 18, 2024 | ||
| 36 | 36
1
pgs
order
Order
Wed 12/18 11:58 AM
ORDER - Counsel for both Plaintiff Jill E. Durkin and Defendant State Farm Automobile Insurance Company are directed to refile their exhibits related to Defendants pending motion for summary judgment in accordance with Local Rule 5.1(f). These include the exhibits contained in Documents 14-1, 19-1, 19-2, 19-3, 19-4, 20-1, 20-2, 20-3, 20-4, 21-1, 21-2, 21-3, 21-4, 21-5, 21-6, 27-1. Neither of the partys filings comply with the Local Rules. Exhibits are to be clearly labeled and, if submitted as one large file, must contain a table of contents with page numbers to assist the Court in reviewing the separate exhibits. Each exhibit must also be labeled and include the correct identifying letter or number in the top right-hand corner of its first page. Failure to comply with the Local Rules has made it difficult for the Court to analyze the pending motion for summary judgment. Each party is to refile their exhibits within twenty-one (21) days of this Order, on or before January 8, 2025. Signed by Honorable Karoline Mehalchick on 12/18/2024. (cw) |
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| Saturday, September 28, 2024 | ||
| 34 | 34
misc
Letter
Sat 09/28 12:06 PM
Letter from Plaintiff . (Madden, R. Emmett) |
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| Monday, September 09, 2024 | ||
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1
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order
Order
Mon 09/09 7:36 PM
CIVIL PRACTICE ORDER - Use of Generative Artificial Intelligence ("AI"). See Order for details. Signed by Honorable Karoline Mehalchick on 9/9/2024. (cd) |
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| Tuesday, July 23, 2024 | ||
| 32 | 32
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order
Order
Tue 07/23 2:41 PM
ORDER - IT IS HEREBY ORDERED that the all deadlines in the above-captioned case are STAYED pending the resolution of the motion for summary judgment (Doc. 12). Signed by Honorable Karoline Mehalchick on 7/23/2024. (cw) |
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| 31 | 31
1
pgs
order
Order
Tue 07/23 9:20 AM
ORDER - IT IS HEREBY ORDERED that the oral argument scheduled for Tuesday, October 1, 2024 at 9:00 AM will be conducted via Zoom. (Zoom link in order) Signed by Honorable Karoline Mehalchick on 7/23/2024. (cw) |
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| Monday, July 22, 2024 | ||
| 30 | 30
misc
Letter
Mon 07/22 1:00 PM
Letter from Plaintiff . (Madden, R. Emmett) |
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| Thursday, July 18, 2024 | ||
| 29 | 29
order
Scheduling Order
Thu 07/18 11:10 AM
SCHEDULING ORDER: Oral Argument set for 10/1/2024 09:00 AM before Honorable Karoline Mehalchick. Counsel shall advise the Court on or before Monday, August 5, 2024, if they wish to proceed in-person or via Zoom. Signed by Honorable Karoline Mehalchick on 7/18/2024. (cw) |
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| Wednesday, July 17, 2024 | ||
| 28 | 28
misc
Request (Do not use if you are filing a motion or requesting default; see default events below)
Wed 07/17 9:57 AM
REQUEST for ORAL ARGUMENT by Jill E. Durkin. (Madden, R. Emmett) |
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| Monday, July 15, 2024 | ||
| 27 | 27
respm
Answer to Statement of Facts
Mon 07/15 6:42 PM
ANSWER TO STATEMENT OF FACTS re21 Statement of Facts filed by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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Att: 1
Exhibit(s) 24 - Affidavit
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| 26 | 26
respm
Reply Brief
Mon 07/15 6:39 PM
REPLY BRIEF re12 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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| Monday, July 08, 2024 | ||
| 25 | 25
discov
Disclosure Report Pursuant to FRCP 26(a)3 - Pretrial Disclosures
Mon 07/08 12:47 PM
DISCLOSURE REPORT by Jill E. Durkin by Jill E. Durkin.(Madden, R. Emmett) |
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| Friday, June 28, 2024 | ||
| 24 | 24
1
pgs
order
Order on Motion to Extend Time Order on Motion to Amend/Correct
Fri 06/28 9:40 AM
ORDER granting22 Motion to Extend Time; granting23 Motion to Amend/Correct - Plaintiff's brief in opposition to defendant's motion for summary judgement is due July 15, 2024. Signed by Honorable Karoline Mehalchick on 6/28/2024 (cw) |
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| Wednesday, June 26, 2024 | ||
| 23 | 23
motion
Amend/Correct
Wed 06/26 4:00 PM
MOTION to Amend/Correct22 MOTION for Extension of Time to Defendant's Motion for Extension of Time to File A Reply Brief to Plaintiff's Opposition of Defendant's Motion for Summary Judgment by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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Att: 1
Proposed Order
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| 22 | 22
motion
Extension of Time
Wed 06/26 3:43 PM
MOTION for Extension of Time to File A Reply Brief to Plaintiff's Opposition of Defendant's Motion for Summary Judgment by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) Modified on 6/26/2024 to correct docket text (nr) |
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Att: 1
Proposed Order,
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Att: 2
Certificate of Concurrence,
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Att: 3
Certificate of Service
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| Monday, June 17, 2024 | ||
| 21 | 21
respm
Statement of Facts
Mon 06/17 2:40 PM
STATEMENT OF FACTS filed by Jill E. Durkin.(Madden, R. Emmett) |
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Att: 1
Exhibit(s),
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Att: 2
Exhibit(s),
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Att: 3
Exhibit(s),
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Att: 4
Exhibit(s),
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Att: 5
Exhibit(s),
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Att: 6
Exhibit(s)
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| 20 | 20
respm
Brief in Opposition to Motion for Summary Judgment
Mon 06/17 2:21 PM
BRIEF IN OPPOSITION re12 MOTION for Summary Judgment filed by Jill E. Durkin.(Madden, R. Emmett) |
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Att: 1
Exhibit(s),
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Att: 2
Exhibit(s),
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Att: 3
Exhibit(s),
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Att: 4
Exhibit(s)
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| 19 | 19
respm
Answer to Statement of Facts
Mon 06/17 2:17 PM
ANSWER TO STATEMENT OF FACTS re14 Statement of Facts, filed by Jill E. Durkin.(Madden, R. Emmett) |
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Att: 1
Exhibit(s),
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Att: 2
Exhibit(s)
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| 18 | 18
respm
Affidavit in Opposition to Motion
Mon 06/17 2:11 PM
AFFIDAVIT in Opposition re12 MOTION for Summary Judgment filed by Jill E. Durkin.(Madden, R. Emmett) |
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misc
Docket Annotation
Mon 06/17 2:36 PM
DOCKET ANNOTATION: At request of attorney Madden, document 21 deleted due to filing error attorney to refile. (ll) |
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| Tuesday, May 14, 2024 | ||
| 17 | 17
1
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order
Order on Motion to Extend Time
Tue 05/14 10:40 AM
ORDER granting15 Motion to Extend Time - Brief in Opposition to Defendant's motion for summary judgment is now June 17, 2024. Signed by Honorable Karoline Mehalchick on 5/14/2024 (cw) |
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| Monday, May 13, 2024 | ||
| 16 | 16
misc
Document Filed
Mon 05/13 9:48 AM
PROPOSED ORDER by Jill E. Durkin.15 MOTION for Extension of Time to TO ANSWER MOTION FOR SUMMARY JUDGEMENT . (Madden, R. Emmett) |
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| Friday, May 10, 2024 | ||
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misc
Docket Annotation
Fri 05/10 2:34 PM
DOCKET ANNOTATION: Attorney Madden is asked to refile the proposed order to the motion for extension of time to file a brief (Doc. 15) with the correct signature block on the order. (cw) |
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| Thursday, May 09, 2024 | ||
| 15 | 15
motion
Extension of Time
Thu 05/09 3:59 PM
MOTION for Extension of Time to TO ANSWER MOTION FOR SUMMARY JUDGEMENT by Jill E. Durkin.(Madden, R. Emmett) |
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Att: 1
Proposed Order
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| Monday, May 06, 2024 | ||
| 14 | 14
respm
Statement of Facts
Mon 05/06 6:25 PM
STATEMENT OF FACTS re13 Brief in Support of Motion for Summary Judgment,12 MOTION for Summary Judgment with Exhibit List and Exhibits filed by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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Att: 1
Exhibit(s)
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| 13 | 13
respm
Brief in Support of Motion for Summary Judgment
Mon 05/06 6:22 PM
BRIEF IN SUPPORT re12 MOTION for Summary Judgment filed by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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| 12 | 12
motion
Summary Judgment
Mon 05/06 6:21 PM
MOTION for Summary Judgment by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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Att: 1
Proposed Order
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| Friday, April 05, 2024 | ||
| 11 | 11
1
pgs
order
Order on Motion for Extension of Time to File
Fri 04/05 3:42 PM
ORDER granting9 Motion for Extension of Time to File Motions due by 5/6/2024. Signed by Honorable Karoline Mehalchick on 4/5/2024 (cw) |
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| Thursday, April 04, 2024 | ||
| 10 | 10
misc
Amended Document (NOT Motion)
Thu 04/04 2:10 PM
AMENDED DOCUMENT by State Farm Mutual Automobile Insurance Company. Amendment to9 Unopposed MOTION for Extension of Time to File Dispositive Motions AMENDED PROPOSED ORDER . (Drakas, Gary) |
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misc
Docket Annotation
Thu 04/04 11:56 AM
DOCKET ANNOTATION: Attorney Drakas is asked to refile the proposed order to the motion for extension of time with the correct signature line on the order. (cw) |
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| Wednesday, April 03, 2024 | ||
| 9 | 9
motion
Extension of Time to File Document
Wed 04/03 4:46 PM
Unopposed MOTION for Extension of Time to File Dispositive Motions by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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Att: 1
Proposed Stipulated Order,
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Att: 2
Certificate of Concurrence,
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Att: 3
Certificate of Service
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| Thursday, February 15, 2024 | ||
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order
Verbal Order Reassigning Case
Thu 02/15 4:16 PM
VERBAL ORDER REASSIGNING CASE - Case reassigned to Honorable Karoline Mehalchick for all further proceedings. (jw) |
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| Tuesday, June 27, 2023 | ||
| 8 | 8
order
Case Management Order - Standard Track
Tue 06/27 4:14 PM
ORDER - STANDARD CASE MANAGEMENT TRACK - Following an Initial Case Management conference, the following dates apply to this case: Discovery due by 2/5/2024. Dispositive Motions due by 4/5/2024. Plaintiff Expert Report is due by 7/5/2024. Defendant Expert Report is due by 8/5/2024. Expert Discovery Deadline is due by 9/30/2024. Pretrial Memos due by 9/17/2024. Final Pretrial Conference scheduled for 9/24/2024 in Chambers before Chief Judge Matthew W. Brann. Case placed on November 2024 trial term. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 06/27/2023. (ea) |
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| Friday, June 16, 2023 | ||
| 6 | 6
misc
Case Management Plan
Fri 06/16 11:44 AM
CASE MANAGEMENT PLAN JOINT by Jill E. Durkin. (Madden, R. Emmett) |
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| Tuesday, June 06, 2023 | ||
| 5 | 5
misc
Exhibit
Tue 06/06 3:31 PM
EXHIBIT TO THE COMPLAINT by Jill E. Durkin re1 Notice of Removal,.(Madden, R. Emmett) Modified on 6/6/2023 (ea) |
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Att: 1
Exhibit A - State Farm Car Policy Booklet,
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Att: 2
Exhibit B - Certified Statement of Ralph Parkhurst,
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Att: 3
Exhibit C - LTR FROM STATE FARM DATED APRIL 3, 2017,
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Att: 4
Exhibit D - LTR TO STATE FARM DATED JULY 6, 2021
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| Friday, May 26, 2023 | ||
| 4 | 4
order
Scheduling Order
Fri 05/26 11:46 AM
SCHEDULING ORDER: Telephonic Initial Case Management Conference scheduled for 6/23/2023 at 10:00 AM before Chief Judge Matthew W. Brann. (See Order for further details.) Signed by Chief Judge Matthew W. Brann on 5/26/2023. (jr) |
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| Thursday, May 18, 2023 | ||
| 3 | 3
answer
Answer to Complaint
Thu 05/18 3:20 PM
ANSWER to Complaint with Affirmative Defenses by State Farm Mutual Automobile Insurance Company.(Drakas, Gary) |
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Att: 1
Exhibit(s) A - Certified Policy of Insurance,
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Att: 2
Exhibit(s) B - Driver Exclusion Agreement
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| Thursday, May 04, 2023 | ||
| 2 | 2
1
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order
Order Re: Case Assignment and Procedures
Thu 05/04 4:28 PM
Letter to Counsel Re: Case Assignment and Procedures. (See Letter for further details.) Signed by Chief Judge Matthew W. Brann on 5/4/2023. (jr) |
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| Monday, May 01, 2023 | ||
| 1 | 1
cmp
Notice for Removal
Mon 05/01 4:27 PM
NOTICE OF REMOVAL by State Farm Mutual Automobile Insurance Company from Court of Common Pleas of Bradford County, case number 2023-0051. (Filing fee $ 402 receipt number 6273455), filed by State Farm Mutual Automobile Insurance Company. (ea) |
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Att: 1
Civil Cover Sheet,
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Att: 2
21 pgs
Exhibit A - Plaintiff's Complaint from State Court
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